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A RACE BETWEEN EDUCATION AND CATASTROPHE? THE ROLE OF MINORITY ISSUES IN THE PREVENTION OF CRIMES UNDER INTERNATIONAL LAW
Minorities are the part of a population that suffer most from conflict and are most likely to become victims of crimes under international law. This is acknowledged by one of the fundamental principles of minority rights law, namely the contribution to peace and stability. Furthermore, the major international legal instruments governing the rights of minorities relate to this objective, by setting
The Application of Minority Rights to Muslims in Denmark, Germany and the United Kingdom
Historically, minority rights have played a role in conflict prevention. The current situation in the West, where it is asserted that Islam is not compatible with democracy and Western values, lends itself to the application of such rights. The maintenance of Muslim group identity is a crucial factor, if the Muslim communities are to feel integrated and accepted in Western society. However, it is
Intellectual Property Reform in Russia: Analysis of Part Four of the Russian Civil Code
After the dissolution of the Soviet Union in 1991, Russia was in the crisis that affected every aspect of the state activity. Among other things, Russia had to enact its own legislation that could serve the establishment of a market economy. The crisis affected heavily the intellectual property rights (IPR) protection: Russia had no IPR laws and no relevant state agency. During 1992-1993, new Russ
The right to life in internal armed conflict: a study of the Chechen cases before the European Court
A thesis about the right to life in internal armed conflict must necessarily take both human rights law and humanitarian law into account. Human rights law, which has codified the right to life in its main instruments, is applicable both in time of peace and in time of war, whereas humanitarian law is only applicable during armed conflict. The question is thus how these two branches of law influen
Protection of property rights under the European Convention on Human Rights and the Russian national legislation
The importance of property in everyday life of people is obvious. Although sometimes it looks like property does not fit into the human rights context, the author believes that the right to property as any other human right needs protection. The fact that 20 percent of all violations found by the European Court of Human Rights in the last eight years are connected with property rights illustrates
Legal Protection of Trade Secrets: Case Study of Latvia, Present Issues and Perspectives
The topic of this graduate essay is 'Legal Protection of Trade Secrets: Case Study of Latvia, Present Issues and Perspectives'. The purpose of this thesis is to examine how trade secrets are protected at the international and regional level&semic to analyze how international requirements are implemented in Latvia as well as to propose feasible improvements in a model of legal protectio
Considerations on the ICC exercise of jurisdiction in the light of past International Criminal Law experience
The present study is dedicated to a discussion on the efficiency of exercise of ICC jurisdiction, based on past international criminal law experience. While acknowledging the unprecedented significance of the establishment of a permanent international criminal court, it focuses on the numerous perceived shortcomings in the ICC statute system, likely to constitute major challenges in the court'
Combating Trademark Counterfeiting with Border Measures- Serbia as a case study
Most counterfeit goods are luxury goods bearing a well-known trademark. The counterfeit goods also can be protected by copyright/design protection. WIPO Intellectual Property Handbook: Policy, Law and Use (WIPO 2004, second edition) A counterfeit trademark is defined in Article 51 of the TRIPS as the following: "&semicCounterfeit trademark goods shall mean any goods, including packagin
Changing Patterns of Creditor Protection in the EU:A Focus on Mandatory Disclosure
Business actors and serious human rights violations: where do courts draw the line?
This research is an attempt to reveal and evaluate the boundaries of business actors aiding and abetting serious human rights violations. Four different bodies of law, consisting of contemporary international criminal law and case law involving business actors in both national and international law, are examined. In comparing these movements, judges' interpretations and the features found impo
China's Legal Framework and Implementation Structure on Government Procurement: Challenges of Establishment of China's Modern Public Procurement System
This article will analyse features on two primary laws, the BL and the GPL, on public procurement and latest progresses of its regulations for implementing in China and provide an overview of the structure for the public procurement implementation. In particular, it will give a critic assessment on the inconsistence in legislation as well as implementation in China's public procurement regime
Ensuring Freedom from hunger of Vulnerable Groups in Malawi: Intergrating the Right to Development and the Human Rights Based Approach
This study is an attempt to analyse whether the Human Rights based approach is a viable tool towards implementing the right to development consequently attaining the right to food in Malawi. The question to be determined is whether the unfreedom from hunger of vulnerable and marginalized groups can be overcome by implementing development programs relating to the right to food as a component of the
SCOPE OF TRADEMARK PROTECTION
The rationale behind trademark law is to protect business goodwill and reputation, but the ultimate benefactor is the public. The trademark as a badge of origin serves as identifier of quality of the products, and thereby facilitates the public in eliminating the confusion about the source of products. Over the last two decades or so, the trademark law in many jurisdictions of the world has signif
How Gender and the Right to Culture have Influenced the Development of Modern International Criminal Law: A Study on the Crime of Gender-Based Persecution under the Rome Statute of the International Criminal Court
Nearly a decade has passed since the adoption of the Rome Statute of the International Criminal Court (''Rome Statute'') on 17 July 1998. International criminal law has advanced considerably during this period, particularly with respect to the crime of gender-based persecution. This is despite the fact the International Criminal Court (''ICC'') has not yet observed
Assessing the Relevance of International Standards for the Protection of Children from Recruitment and Use as Child Soldiers, with a focus on Non-State Actors Armed Groups in Africa
It is frustrating for every reasonable human being to observe scenes of exploitation around the world in respect of children, because of their either naivety or vulnerability. It is unacceptable that still in the 21st century, children do not benefit from the protection, attention and love they deserve. An estimated 300 million children worldwide are subject to violence, exploitation and abuse inc
Combining the International Protection for Nature and Human Rights
The number of situations where both people and nature are harmed by human activities are increasing in the same pace as mankind is augmenting its control and so called 'development' of the Earth. Although previously much debated, we have passed the stage when protecting human rights and preserving the environment were seen as conflicting interests. Instead we have reached the conclusion th
Impact of Armed Conflict of Children(A case study of Nepal)
The purpose of this essay is to how internal armed conflict in Nepal affected children. Besides that how Nepal has implemented the UN Convention on the Rights of Child during the conflict. It has been estimated that over 2 million children have been killed in armed conflict, another 6 million have been rendered permanently disabled and more than 250, 000 children continue to be exploited as child
Obligations of non-State armed actors in internal armed conflicts
Internal armed conflicts are today the more common mode of warfare and a growing concern for the international community to address. In this, the difficulty of addressing non-State armed groups has grown in salience and importance. Non-State armed actors are held by the international community as responsible for their actions based on international humanitarian law. As such, if international human
The legal protection for educational facilities and institutional premises in the event of international or non-international armed conflict
If as Hersch Lauterpact stated in the most overly quoted Humanitarian Lawyers phrase in Oppenheim's International Law, International Humanitarian Law lies at the vanishing point of International Law, then I would posit that it is only the continuance of education particularly education in LOAC that prevents it from vanishing altogether. The preservation of the buildings housing that education